Commissioners OK cellphone ban

Ordinance could take effect within 60 days

Mike Fisher addresses the Amarillo City Commission on Tuesday during the discussion of a citywide ban on the use of hand-held devices while driving.

The time to talk has passed, at least if it’s on a cellphone while driving.
The Amarillo City Commission voted 4-1 Tuesday to approve a citywide ban on drivers using hand-held devices. Commissioner Jim Simms cast the lone dissenting vote.
The ordinance allows drivers to use hands-free devices and take calls on speakerphone. Drivers also can use hand-held devices while legally parked or in emergency situations. Violators of the ordinance will be subject to a fine of up to $200.
City Manager Jarrett Atkinson said the ban likely will take effect in the next 30 to 60 days. The city first must place signs to notify drivers of the ban, he said.
Atkinson said the city likely will have a grace period at first, similar to when it implemented red-light cameras.
Mayor Paul Harpole said the city still will need to define how police enforce the ban.
“Police aren’t going to be trying to look though your car,” he said. “We’ve all seen people with a phone up to their ear driving down the road not paying attention.”
Drivers caught breaking the ban won’t face moving violations, so infractions won’t go on driving or insurance records, according to the ordinance.
Several people said Tuesday they opposed the ban because it infringes on their freedom of speech. Others said it would affect their small business because they often take calls while on the road.
Harpole cited the example of auto manufacturers who initially resisted safety innovations. “I think this falls under a category of safety,” he said.
Simms reiterated the position he’d taken previously — he supported a texting ban but considered the full ban unnecessary.
“The use of cellphones is part of people’s life today,” he said. “The cellphone is an extension of their right hand.”
Commissioner Ellen Robertson Green said she balanced the right to use hand-held devices against the right to be safe while traveling.
“I just see it as everybody on the road has a right to be safe,” she said.
The Rev. Robert Taliaferro said the commission overstepped its bounds.
“I do not feel they should have power or authority to decide what 193,000 people are able to do or not to do,” he said.
Taliaferro said the issue should be placed on a ballot so voters can decide on a ban.
Harpole was undaunted.
“I believe we did the right thing today,” he said.
In other business, the commission approved the city budget and tax rate for 2012-13. The budget increases total expenditures by 4.7 percent to $271 million, but the tax rate will remain at 32.009 cents per $100 of appraised tax value.
At that rate, the annual tax bill calculates to $363.45 for a property assessed at $113,547, the average 2012 home value in the city.